Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-11-19
THE: SEAT
IN The UNITED STATES SENATE
Which Two Distinguished West Virginians
Claim.
HON. D. B. LUCAS GIVES HIS VIEWS.
The Situation as Seen From the Stand
point Of the Gentleman From
Jefferson.
He TALKS VERY SAEGUlEE.
A Pamphlet Sent to Each SenatOr-A Claim
That Judge FaulknerS Credentials are
Insuficisnt-No PrecedentS Es-
tabliShed in the Case.
ACTION OF THE LEGISLATURE
In EleCing a Senator at the Extra Session
Condsmnsd-WeSt Virginia POlitCS-The
Outlook for the Two Parties At the
Coming EleCtOn---SOme Un-
certain Elements.
SDecia! Tslegram 10 the Register.

certain Elements.
Specie! Telegram % the Register.
WASHINGTON, D. c., November IS
HoE. Daniel B. Lucas who was appointed
last March, Senator from West Virginia by
Governor Wilson, has arrived in Washing
ton. He has come, he says, prepared to
contest the seat with Judge Faulkner, who
was elected by the extra session OF the
Legislature in April, TO succeed Mr.. Cam
den. Mr.. Lucas says he will remain IN
Washington until the matter is finally
settled. He talks very sanguine as to the
result and believes that the Senate will
recognize his credentials and swear him IN.
He says he has already taken steps TO ss-
tablish his claim, having sent to each
Senator pamphlet giving his side of the
case. Many replies have been received by
him, hut these, of course, he considers
confidential and will not divulge their con-
tents.
Mr.. LUCAS CASE.
To q REGISTER interviewer Mr.. Lucas
said:
~ suppose that my case will follow the
usual routine of reference to the Committee
on Privileges and Elections, and when it
has been reported upon by that committee
the Senate will give its Judgment after
thorough discussion and mature delibera-
ton. As for myself, l hold the regular
gubernatorial certificate, whereas, Judge
Faulkner has merely q statement Of official
record signed by the Governor. He has no
certificate as required by the Constitution,
and thus is the vital difference between his
case and mine. II were to die to-mor-
row the Senate could not, in my opinion,
swear in Judge Faulkner on the creden-
tials which he now holds.
Il have not the slightest doubt OF the
legality of my position, and ! do not see
how the Senate can do otherwise than seat
me if it desires to uphold the Constitution
of the United States aud OF West Virginia.
have made most thorough and ex-
haustive examination Of the law, and am
satisfied that it is on my side"
The contest rests, does 1t not, on
THE ACTION OF THE EXTRA SESSION
of the Legislature in electing Judge Faulk-
ner?" asked the interviewer.
Yes" answered Mr. Lucas. The
Legislature was convened in executive
session, as we call it, By the Governor for
specific purposes set forth in his prOclama-
ton. Now it is distinctly stated in our
State Constitution that the Legislature
when so convened shall enter upon no
business except that stated in the
proclamation by which it was called to-
gether. The Senatorial question was not
referred to in the proclamation, and yet
the Legislature went through the form OF
eleetiug . Senator. This act, in my opinion,
and believe the majority OF the legal
profession in my State sustain me, was
violation of the Constitution. More than
this, if the Legislature had the right to do
this, it could have redistricted the State,
appointed presidential electors, proposed
and adopted Constitutional amendments or
anything else it saw fit. fits present &C
ton is sustained q very wide door Is
opened, and precedent made, which will
absolutely destroy the policy and purpose
of the Constitution, in restricting the busi-
ness of executive sessions Of the Legisla-
ture to certain specified business"
Are there any precedeuts already e..
tabliShed?"
"My case" / believe" was the reply,
lisa peculiar one.
ONLY ONE OTHER STATE,
il nv knowledge is correct, has clause in
/ its constitution similar to the one | have
lust quoted. That State is Illinois, from
whose constitution we copied the pro-
vision. In lS72, when the city of Chicago
was burned, the Governor OF Illinois con-
vened an extraordinary session Of the leg
stature to meet the emergency. According
TO the position taken by Judge Faulkner's
friends, that legislature could have taken
up the most important questions of State
policy, entirely regardless of the speclica-
tions of the proclamation. hold IL could
not. and have come to Washington to
look up this and other presidents 10 aid
me in my case. OF course ii is natural
that more difference should be paid
to the choice of a legislature than
to the appointment Of Governor,
but a preference OF that sort in this case
would involve the destruction Of NEST
important clause of our State Constitution
and a violation of the Constitution Of the
United States. We cannot, think, sur
render to sentiment what is due TO princi-
pie. and the Senate has uniformly refused
to do so heretofore"
'Is there any likelihood Of another ses-
sion Of the Legislature being called?" was
asked.
',No, and the fight must be fought out
on its present basis. Should be seated l
would hold the position until the Legisla-
ture meets in January, 1SS9, chooses my
successor and he qualities Judge Fsulk
ner, On the other hand, would serve for six
wears from the ith Of last March"
Nh. LUCAS ON THE PRESIDENT.
"What is the feeling regarding President
Cleveland in West Vrginia -
SO far as know Mr.. Cleveland stands
high with the Democracy OF my State, the
feeling in his favor being rather tribute
to what Is regardsf his honest and -,
dependen. course, Iis abo1t, lar